A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 20, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Western Branch of the Daegu District Court on December 20, 2007, and on January 22, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Western Branch of the Daegu District Court.

On April 23, 2016, at around 09:03, the Defendant, without a car driver’s license, driven B-be under the influence of alcohol with a blood alcohol concentration of about 0.059% from around the 3km section of the Seogu Seo-gu, Seogu, Seogu, Seo-gu to the front road of Seogu Seo-gu, Seogu, Seo-gu.

Accordingly, the Defendant, without a driver's license, driven a motor vehicle under the influence of alcohol even though he had a record of punishment for driving a motor vehicle more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;